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HomeMy WebLinkAboutcc min 1995/01/10MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 10, 1995 6:45 p.m. Council Chambers Public Services Building CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Fox, Moot, Padilia, Rindone, and Mayor Hotton John D. Goss, City Manager; Bruce M. Boogaard, City Attoruey; and Beverly A. Authalet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 9, 1994 (Adjourned Special Meeting), December 20, 1994 Councilmember Rindone stated the minutes of December 9, 1994 were incomplete and he wanted to refer them back to the City Clerk. He referred to page 7 and stated after the motion regarding Mary Salas failed he had indicated his support of Mary Salas as he felt at that po'mt it would be the third vote since the previous motion on Mr. Moot had failed. That had not been reflected in the minutes and he requested that it be included. MSUC {Rindone/Padilla) to approve the minutes of December 20, 1994 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Councilmembar Rindone stated the City had hosted the Spanish American Cup Challenge from Spain along with the Chula Vista Yacht Club. He presented the Mayor a plaque from the City of Valencia for co-sponsoring and hosting the team. CONSENT CALENDAR (Items pulled: 8, 9, and 10) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of deliberations that occurred in Closed S~sion on 12/20/94, Council authorized the City Attorney to accept a set~ement offer made by two of the City's prior insurers on daims made by the City that insurance policies issued by said insurers covered environmental contamination of the City's Corporate Yard (Paint Pit. Except fro' the foregoing, there was not other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be rec~tved and filed. 6. RESOLUTION 17779 DESIGNATING THE SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AS THE UNfflED PROGRAM AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT FOR THE CITY - Recently enacted State legislation mandates that the hazardous waste and hazardous materials regulatory burden on the business community be reduced by consolidation of duplicative regulatory programs County-wide into a designated Unified Program Agency. The Minutes January 10, 1995 Page 2 County of San Diego Environmental Health Services division currently administen a consolidated regulatory program for hazardous waste/materials handling and related emergency planning for all eighteen cities and the unincorpOmted areas of the County. The establishment of the Unified Program Agency will consolidate an additional element (Aboveground Storage Tank Spill Prevention Plan) which is cm'n~tly administered by the Regional Water Quality Control Board. Staff recommends approval of the resolution. (Fire Chief) 7. RESOLUTION 17780 APPROVING AGREEMENT VVITIt COM-AID INC. FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH - Agreement with COM-AID Inc. for maintenance of the City's NEAX 2400 telephone switch. Staff recommends approval of the resolution. (Director of Management and Information Services) 8. RESOLUTION 17781 WAIVING THE BID REQUIREMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE CITt~A VISTA ELEMENTARY SCHOOL DISTRICT (NOT TO EXCEED $68,000) AND SOUTHWESTERN COLLEGE (NOT TO EXCEED $13,000) FOR USED OH. RECYCLING EDUCATION SERVICES - On 5/17/94, Council authorized the City Manager to submit an application for $101,550 to the California Integrated Waste Management Board for a Used Oil Block grant. The grant application specifically identified partnerships between the City, Chula Vista Elementary School District and Southwestern College to implement the grant services. The agencies were specifically selected because of their unique ability and history of providing environmental awareness, education and bus'mess programs for local youth and businesses. On8/9/94, Council approved accepting the State of Califernia Uscd Oil Block Grant for $101,550 and appropriafmg funds therefor. The resolution implements the service agreements needed to move forward on the project. Staff recommends approval of the resolution. (Conservation Coordinator) Pulled from the Consent Calendar. Councilmember Rindone questioned why all three of the local school districts were not selected. Michael Meacham, Conservation Coordinator, responded the school districts were chosen for the grant application approved last year. There was some activity with the junior high school, but there was not a partnership with them for that grant cycle. There were other grant cycles in the future in which the junior high school district could be included. They started with younger children and planned to move forward and cover the entire population. RESOLUTION 17781 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 9. RESOLUTION 17782 ORDERING THE SUMMARY VACATION OF (1) A FORTION OF NORTH FIFTH AVENUE NORTH OF "C" STREET (NORTH F1FrH AVENUE EXTENSION), AND (2) STREET TREE EASEMENT CONTINGENT TO SAID PORTION, BOTH OF WHICH LIE WITHIN THE CHANNELSIDE SHOPPING CENTER PROJECT, IN ACCORDANCE WITH SECTION 8335 OF THE STREETS AND ItlGIcBVAYS CODE - Dixieline Lumber Company, owner of propcRy north of the northwest comer of North Fifth Avenue and "C" Street, commonly known as 40 North Fifth Avenue or APN 562-324-04, has requested vacation of that portion of North Fifth Avenue within said property, which was recently dedicated for street purposes, and vacation of the Street Tree Easement, which was dedicated in conjunction with, and is contingent upon the existence of said portion of North Fifth Avenue. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Councilmember Rindone stated on page 9-2 it stated the "City had agreed not to require compensation for the North Fifth Avenue Extension Street Vacation". He understx~d it was part of the negotiations with Wal-Mart and would result in potential improvement of the tax base. He wanted it made clear that there were unique circumstances and that it in no way set a precedent. Minutes January 10, 1995 Page 3 Mr. Goss stated that was correct. The precedent that had been set was that when there was a vacation of property the City went through the process of selling the property or receiving economic return for the City. The exception would be where there was a development agreement or some type of economic negotiation. RESOLUTION 17782 OH~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 10. RESOLUTION 17783 RE-APPROPRIATING FUNDS, ACCEPTING BID AND AWARDING CONTRACT FOR "CM C CENTER FLOORING INSTALLATION (GG-108)" - On 12/7/94, bids were received for "Civic Center Flooring Installation (GG-108)." The work consists of replacing an existing deteriorated carpet and vinyl tiles in the Civic Center and other miscellaneous work specified in the specifications. Staff recommends Council: (1) Reappropriate $600 from 600400143G123, City Hall recarpeting, $9,138.59 from 600- 6001-SW204, sidewalk replacement, and $2,659.53 from 6004001-GG122, Roof Repair, Lome Verde Center; and (2) Accept bids and award contract to Allied Carpet in the amount of $73,495 for 'Civic Center Flooring Installation." (Director of Public Works) 4/$th's vote required. Pulled from the Consent Calendar. Mayor Horton stated that none of the contractors submitting bids were from Chula Vista and questioned how it was advertised. David Byers, Deputy Director of Public Works/Operations, responded that he did not know how it was advertised. It was somewhat restrictive as the City asked for a specific carpet tile and a lift system so none of the departments would have m be disturbed for installation. It could be possible that there were no firms in Chula Vista that could meet those conditions. He could check with the Building Services Superintendent and report back to Council. Mayor Hotton further questioned whether the City had contacted the carpet tile manufacturer. MSUC (Horton/Fox) to continue the item to the meeting of 1/17/95. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - The County of San Diego and the Solid Waste Authority approved an increase in landfill tip fees from $55/ton to $74/ton effective 10/1/94. Laidlaw has been paying disposal costs based on the $74/ton charge s'mce 10/1/94 but the increase has not yet been passed on to retapayers. During January 1995, the County Board of Supervisors and the Authority may take action regarding elimination of the differential tip fee. A delay in considering an increase may provide for a more stable rate determination and fewer changes impacfmg the retepayers. Staff recommends the nublic heafin~ be continued to 217195. This being the time and place as advertised the public heating was declared open. There was no public testimony. MSUC 011ndonealorton) to continue the public hearing to the meeting of 2/7/95. REPORT given by staff. UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be Stephurtle Snyder, Principal Management Assistant, stated there were five items on the agenda for the County Board of Supervisors and they approved two items, i.e. 1) the issuance of a request for information regarding the privatization of the solid waste system which would be coming back to the Board on 2/14/95; and 2) the awarding of a contract for the landfill operation services. Three items were continued to a workshop between the Authority and the Board on 1/18/95. Those issues were: 1) funding issues; 2) Otay liner issue and whether the funds would Minutes January 10, 1995 Page 4 be expended to keep the Otay landfill open; and 3) the elimination of the differential tip fee end the reduction of the tip fee to $55/ton. Councilmember Rindone stated the issue of disbanding was on the 1/12/95 agenda and questioned whether it had been discussed. Ms. Snyder stated it was on the agenda for the Solid Waste Authority. It appeared clear that there would be no action to dissolve at that meeting because they would be anticipating the joint workshop with the Board on 1/18/95. Councilmember Rindone stated the agreement with the City of San Diego had been calendared for 1/18/95 and he questioned whether staff needed direction from Council to continue negotiations in case en amendment was needed or if there were alternatives in pricing. He wanted assurance that the proposal would be the most competitive. George Krempl, Deputy City Manager, did not believe staff needed further direction. A report would be brought to Council next week with options for Council consideration. MSUC (Rindone/MunO to direct staff to look at the option of the Orange County lundtills and whether there was an interest in selling their landfill space. It is to he included in the report back to Council as an option. Councilmember Moot questioned if there was en expectation that a vote would be taken at the 1/18/95 m~efmg to lower the fee to $55/ton system-wide. Ms. Snyder responded it was a discussion item so there was the possibility of action. ORAL COMMUNICATIONS BOARD AND COMMISSION RECOMMENDATIONS 12. Letter from Charter Review Commission forwarding ex-Mayor Tim Nader's proposal regarding voluntary spending limits for consideration. (C.R. Campbell, Chairman, Chaffer Review Commission) Mr. Booganrd stated the Charter Review Commission was asking whether Council wanted them to spend their time and resources to evaluate the proposal given the fact that what they recommended would come to the Council after their study. If the Council did not "buy-in" to the philosophy of voluntary spending limits there would be no utility in spending that time. He then gave a brief summary of the voluntary spending limits proposal that was advanced by former Mayor Neder. Councilmember Rindone stated he was not prepared to debate the merits or lack of merits of the proposal. He felt participation should be encouraged in local elections and with the current rules and regulations it was a very complex process. If en unknown candidate was seeking an office and was limited in the resources he could raise, a limitation could be very restrictive. He felt such a proposal could create a logistical nightmare. MS (Rindone/Horton) to receive and file the report. Councilmember Padilia preferred to have the commissions preliminarily examine some of the issues and retain to Council with some type of recommendation. The proposal included voluntary spending limits and if the process was put in place it was sending a message that it was optional and that the City encouraged it. There were legitimate loopholes regarding independent expenditures, i.e. expenditures made by the committee. He questioned whether the Council wanted to have something in place to either encourage voluntary spending limits and close some of the loopholes. He felt it should be explored end that Council should support it. They were important issues. Minutes January 10, 1995 Page 5 Councilmember Fox state~l the former Mayor was asking for more regulations and tad tap~ which would make th~ paperwork for the treasurers almost impossible. He did not feel that governright had to be involved in voluntary spending limits. All candidates could come together and voluntarily agree on spending limits. The former Mayor did not believe there were constitutional issues and he did not agree with that. The Supreme Court had already restricted governments ability to govern independent expenditures. The Charter Review Commission had not stated they wanted it and until the Commission or Board of Ethics came forward to Council with their request he would support the motion. Councilmember Padilia felt there needad to be some structure in place regarding voluntary spending limits and unfortunately that responsibility fell to government. If there was no way to hold people to their word regarding their spending there was no point in having it. He felt the commissions were asking for direction from Council. Councilmember Moot stated he had setions questions as to whether the proposal would pass a constitutional challenge. The moment there was a sanction for not agreeing to participate it would create a chilling effect on a constitutional right. Unless there was a particular problem in the City with people spending exorbitant amounts of money on local elections he would not want the City to be involved in the litigation and the costs of a first amendment challenge. VOTE ON MOTION: approved 4-1 with Padilia opposed. ACTION ITEMS 13. RESOLUTION 17784 APPROVING THE SUBMISSION OF AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, FOR TWO MR,LION DOLLARS TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, APPROVING THE APPROPRIATION OF A CITY CASH CONTRIBUTION, AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN THE APPLICATION AND ALL RELATED DOCUMENTS - On 7/19/94, Council apprnvad the updated Border Environmental Commerce Alliance Project Plan and directed staff to prepare an application to the Economic Development Administration (EDA) for Federal funding of the Environmental Technology Resource Center and the Environmental Business Cluster (incubator). Staff subsequently submittad a pre-application to EDA in the amount of $2.346 million and has now been invited to submit a formal application in the amount of $2 million. Staff recommends approval of the resolution. (Director of Community DevelopmenO 4/Sth's vote required. Cheryl Dye, Economic Development Manager, stated the written staff report was comprehensive and discussed the history of the program, scope, function, staffing, and fiscal impact. Those present to answer questions were: Shelia Washington, California Business Incubator Network; Mary Wiley, Dean of Smell Bus'mess Development and International Trade Center at Southwestern College; and Dan Noble, Enviwnmental Business International and a consultant to the City for the program. Councilmember Fox stated when he introduced the program to the Council several years ago he had not envisioned such early success. He felt the project would bring benefits to San Diego County for years to come. He referred to page 13-4 which stated U.S. product service provideis would be identified that could help Mexican companies meet envirnnmantal standards and stated it was not just Mexican companies that needed to meet environmental standards. There was concern regarding the self-sufficiency of the program after the grant ran out and questioned what revenues were being anticipated that would sustain the incubator, resource center, and administration. Ms. Dye responded the incubator would generate rental incomes. Staff would also continue to work with Jim Robbins of Business Cluster Development for corporate sponsorships. Those corporate sponsorships would contribute to the incubator and also to the Border Environmental Technology Resource Center. Staff would also attempt to structure the program through future client fees and other grant opportunities. There could also be opportunities for equity partnerships in working with some of the tenants in the incubator. Minutes January 10, 1995 Page 6 Councilmember Fox stated he could recommend enthuastic support of the staff recommendation while at the same time pointing out there was a risk involved. He felt staff had been careful to minimize the financial risk to th~ City. It was the type of risk in todays economy that cities needed to take due to the potential benefits. Mayor Hotton questioned how the three staff people would be hired and what the make-up of the Board would Ms. Dye responded the three positions were: 1) director; 2) contract manager; and 3) secretary. They would be hired by the City as interim employees working for the Corntotality Development Department. They were needed to oversee the project as it was a very ambitious project, particularly in its attempt to become self supporting. The recommendation was very strong that there be a director, contract manager, and secretary to oversee the federal and state grants involved. It was proposed that a board be established which would be advisory to the Council initially. It would be made up of representation from various categories. As the project developed the board could spin-off and become an advisory board of a non-profit entity. Mayor Horton questioned how the salaries were determined. Ms. Dye responded the director's salary was comparable to the Economic Development Manager's salary; the contract manager's salary was comparable to an Administrative Analyst II; and the secretary was comparable to the same position in the City. It was made in conjunction with the Personnel Department and management. Councilmember Rindone referred to page 13-7 and questioned whether the cash match was from previous grants. Ms. Dye responded that the cash match was entirely from three already appropriated CDBG funds. One source was surplus fun& from City Planning and Administration, one soume was from surplus Capital Improvement project, and one source, $65,200 was from the balance of CDBG funds that were approved by Council in 1993-94 for the BECA program. Councilmember Rindone stated Council had struggled on the awarding CDBG grants and while it was a commitment, he did not recall that funds were being pulled from previously allocated CDBG funds for a cash match in the future for the project. He questioned how the program would be evaluated. Ms. Dye responded staff still had to negotiate contracts with the subcontractors and as par of that process there would be benchmarks of progress, evaluation, and repo~ing to Council. Councilmember Rindone stated he wanted to see a minimum of an annual review of the program by Council. He questioned whether the salary listed for the director was essential in attracting a qualified person. Ms. Dye responded that the recommendation had been reviewed by the Task Force and staff. There had been real coneera that the funding level for the director was inadequate for the scope of work. For pragmatic reasons it was decided to go with that level. Councilmember Rindone hoped the program would not become management top heavy. He questioned whether action by Council would approve or authorize the positions. Ms. Dye responded that as part of the EDA application staff was recommending that Council approve the positions. If Council approval was received staff would proceed to recruit the positions contingent upon the receipt of the grant. When the award was given and then staff would return to Council to appropriate the EDA funds and take official personnel action. By approving the application it did approve the three positions. Mr. Goss questioned if the EDA approved the application if there would be an opportunity to make modifications before the positions were formally established. Councilmember Rindone stated he supported the proposal but did not want to 'lock-in ' the three positions until there was thorough review of the responsibilities, job description, and final approval of the grant. Mr. Boogaard stated he had clarified that the department did not want final budget approval of the positions and, therefore, he had prepared an amended resolution for Council review. A funmote had been added which stated the Minutes January 10, 1995 Page 7 resolution did not create the positions now and that the BECA positions would be included in the FY 95-96 budget. Ms. Dye stated because the program would not begin until 7/1/95 there was no need to take budget action, but it would be included in next years budget. She had been informed that the City had to lock in the positions in the EDA application, but there did appear to be latitude in terms of salary levels and job descriptions. Councilmember Rindone stated he would feel more comfortable in knowing that the information listed on page A-30 of the supplemental report was the top of the range. Ms. Dye responded that it was the top of the range, i.e. E step. Councilmember Rindone hoped the City Manager would present consideration of approval for the initial hiring of the positions to Council before the final offer was tendered. Mr. Goss requested clarification of Councilmember Rindone's request. Councilmember Rindone responded that he wanted a similar process as utilized by the City Manager for the hiring of department heads, i.e. review and consideration. He felt due to the size of the project Council would want to have a chance to review the positions. Mr. Goss responded that he would share any information on appointees staff contemplated hiring. Councilmember Fox stated he wanted Mexican firms and officials aware of what was being done, but cautioned that statements not be included that implied the program was solely looking at Mexican companies to clean-up. The benefits of BECA were for beth Mexico and the United States. Councilmember Moot questioned what steps were being taken to promote the program so interested companies would come to Chula Vista and what was being done to have incubator companies relocate and expand in Chula Vista. Ms. Dye stated the budget for the EDA grant included some funding for outreach activities. One of the first activities would be to create materials on the tech center and incubator and get them into the commtlaity. Staff would work with the San Diego Economic Conversion Council which was currently providing public forums for the regional defense conversion. They would also work with local and regional groups working with companies as a conduit for the program. Staff had received several calls from companies interested in the incubator. The Community Development Department through its Economic Development and Redevelopmerit programs would work with those firms utilizing the incubator program. Councilmember Padilia questioned what leeway staff would have in developing or exploring specific policy strategies on the part of the City Council to ensure the City would reap direct investment benefits. Ms. Dye responded there was not a mechanism that required the companies locate in Chula Vista, but the program would establish Chula Vista as a leader in providing assistance to targeted high growth, technology based, future oriented companies. It created a very positive image for the City in terms of being business friendly and would bring a lot of attention to the City. It would be up to staff to make every effort to keep them within the City. Councilmember Padilia hoped staff would be returning to Council with the specific policy or incentive recommendations. RESOLUTION 17784, APPROVING THE SUBMISSION OF AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, FOR TWO MILLION DOLLARS TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, APPROVING A CITY CASH AND IN-KIND CONTRIBUTION AND THE NECESSARY FUNDS THEREFORE, AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN THE APPLICATION AND ALL RELATED DOCUMENTS, OFFERED BY COUNCILMEMEER FOX, reading of the text was waived. Minutes January 10, 1995 Page 8 Mayor Horton stated it had been a true partnership between the City, Imperial Beach, National City, City of San Diego, County of San Diego, Rohi' Industries, Southwestern College, California Business Incubator, the Po~ District, and other State agencies. The program would help promote the environment and at the same time establish new businesses in the County. Councilmember Rindone questioned when the evaluation process would be brought beck to Council for review. Ms. Dye responded that ection by Council would approve the final application. Prior to the program beginning on 7/1/98 staff would have to negotiate and execute the agreement with the subcontractors. Benchmarks for performance would be included in those contracts along with mechanisms for reporting that hack to Council. Councilmember Rindone felt that was an essential element and questioned whether that needed to be inc, orporsted into the motion or if there was staff assurance that it would be done prior to implementing the program on 7/1/95. Ms, Dye assured Council that staff would have to bring back the contracts for approval before they wen executed. Staff would include those benchmarks and the evaluation process. Councilmember Moot stated he had read all the materials very thoroughly and felt it was the type of progressive and creative program that could make a difference in a commnnity, ]t COUld pwvide good paying jobs which would produce sales tax and revenues which would help the cities provide services to the citizens. He felt it was an excellent example of what partnerships could do. It was an excellent program and he hoped it had tremendous VOTE ON MOTION: approved unanimously. 14. RESOLUTION 17778 REAPPROPRIATING $165,000 FROM STL-221, THE 1994195 PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94 PAVEMENT OVERLAY PROJECT - The 1993/94 overlay project was the largest overlay program done in the City's history. The contract was awarded to Sim J. Hams Company in the amount of $1,457,132. Council authorized staff to expend the remaining amount for additional quantities and streets. Due to three major factors that combined to increase the contract, there was a cost over run and additional tim& have to be appropriated. Staff recommends this item be continued In 1117195, (Director of Public Works) 4/$sh's vote required. Continued from the meeting of 12/20/94. MSUC (Rindone/Fox) to continue the item to the meeting of 1117195. 15. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. No report was given. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 8, 9, and 10. The minutes will reflect the published agenda order. OTHER BUSLNESS 16. CITY MANAGER'S REPORTfS) a. Scheduling of meetings. Mr. Goss stated that sniff requested the meeting of 1/17/95 start one hour earlier for the purpose of discussing the sewer and sewer billing. A workshop setting was recommended. Councilmember Rindone stated if the coneera was due to a heavy agenda he preferred that a time specific be set for the item. Minutes January 10, 1995 Page 9 Councilmember Padilia stated due to a prior commitment to the City of Coronado he would not be able to attend the 1/17/95 Council meeting. Mr. Bungaard stated he was familiar with some of the aspects of the sewer billing issue and he advised that a full hour be set aside. MS 0torton/Moot) to begin the 1/17/95 meeting at 5:15 p.m. in the Coundl Chambers. Mr. Boogaard requested that it be advertised as a Special Meeting rather than starting a regular meeting early as the ordinance required that regular meetings begin at 6:00 p.m. Mayor Hotton stated she would incorporate the posting of a Spedal Meeting into the motion, agreed to by the Second of the Motion, approved unanimously. Mr. Boogaard stated because there was likely to be an arbitration hearing on the Metro Sewer billing adjustment he would recommend that the item be discussed in Closed Session. b. Mr. Goss stated Donald K. Brown, City lobbyist, from Advocation Inc. would be in Chula Vista on 2/7/95 and available to meet with Councilmembers at that time. 17. MAYOR'S REPORT(S) a. Council appointments. MSUC (Rindoneatorton) to reappoint all current appointments and appoint: 1) John Moot as the representative to the South County Economic Development Council with Horton as alternate; 2) Steve Padilia as the alternate to MTDB with Rindone as the representative; and 3) John Moot as the alternate to the Bayfront Coaservancy Trust with Horton as the representative. Mayor Horton stated the appointment to the San Diego Abandoned Vehicle Abatement Service Authority and San Diego County Service Authority for Freeway Emergencies Board of Directors would be discussed at the next League meeting. She felt with Councilmember Padilla's background in law enforcement she would like to recommend that he serve on behalf of the Southbay cities. She had not yet talked with the other Southbay cities regarding the appointment. Councilmember Padilia did not feel it would be a problem, but requested further information on hackground and scheduling. b. Ratification of appointment to the Charter Review Committee - John M. Dorso. MSUC (Horton/Rindone) to ratify the appointment of John M. Dorso to the Charter Review Committee. c. Mayor Horton thanked the employees contributing to the non-profit organization Chula Vista Cares. $7,300 was donated along with 3 1/2 tones of food and 1,000 toys. 18. COUNCIL COMMENTS Councilmember Rindone a. Board/Commission/Committee Liaison. Continued from the meeting of 12/20/94. Councilmember Rindone stated the program had been recommended by former Councilmember Moore. Councilmembers volunteered to visit the following groups: Councilmember Padilia - Group 1; Councilmember Moot - Group 2; Councilmember Fox - Group 3; and Councilmember Rindone - Group 4. Minutes January 10, 1995 Page 10 b. Selection of Metropolitan Transit Development Board Alternate. Continued from the meeting of 12/20/94. Action taken under the Mayor's Comments. bb. Councilmember Rindone questioned if there was a provision in the Charter that when a mayor or councilmember leR their position that they were not eligible to be a lobbyist or engage in activity with the City for a period of one year. Mr. Boogaard stated it was not in the Charter, but in the Code of Ethics and included in the Municipal Code, Section 2.28, which provided that an ex-mayor or councilmember could not for compensation represent a client before a body of the City or any officer or employee of the City. MOTION: (Rindone) to have the City Attorney draft for Coundl's consideration an ordinance that would prohibit any mayor or councilmember, after leaving office for a period of one year, from being employed by the City. The report should present the advantages and disadvantages of such a prohibition. Mr. Boogaard stated the Board of Ethics was currently evaluating changes to their proposal and questioned whether Council wented them to review such a proposal. AMENDMENT TO MOTION: (Rindone) to have the City Attorney draft a report and send it to the Board of Ethics and upon their review, if they felt it should be considered by Council, forward it to Council for consideration. Mr. Boogaard felt if it was to be referred to the Board of Ethics there should be a motion by Council. Mayor Herton preferred that Council receive a brief report from the City Attorney prior to the referral to the Board of Ethics. AMENDMENT TO MOTION: (Rindone) the City Attorney is to provide a report concurrently to the Board of Ethics and City Council for review. MOTION SECONDED: (Fox) approved unanimously. bbb. Councilmember Rindone questioned whether staff had an opportunity to follow-up on the referral regarding the use of pubfic restrooms at service stations. It had been brought to his attention that they were still in violation. Mr. Goss responded that he had talked to staff but a report had not been completed. Councilmember Fox c. Introduction of "Reclaiming Our Streets." Referral to appropriate commission programs relating to street safety and speed watch and changes affecting existing end future neighborhoods as it relates to providing friendly pedestrian and bicycle access. Councilmember Fox requested that the item be continued to the meeting of 1/17/95. Councilmember Padilia d. Councilmember Padilia requested that his absence from the 1/17/95 Council meeting be excused as he had a prior commitment to the City of Coronado. Mr. Boogaard stated if a Councilmember was absent from four consecutive regular meetings that were scheduled and held, unless permission by the City Council expressed in its official minutes contemporanenns with such absences, the office could become vacant. He felt it advantagenits to have the absences excused. MSC (Rindone/Fox) to approve the absence of Councilmember Padilia from the 1/17/95 Council meeting. Approved 40-0-1 with Padilia abstaining. Minutes January 10, 1995 Page 11 CLOSED SESSION Mr. Boogaard informed Council that the unannounced litigation and Metro Sewer Billing would not be discussed in Closed Session. Council met in Closed Session at 8:41 p.m. and reconvened at 9:35 p.m. with Mayor Hotton absent. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid wast~ issues (trash litigation). · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. ~ 4 2. Anticipated litigation pursuant to Government Code Sec 'on 5 956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs). · Daley Construction and Golden Eagle (qualification of surety issues). PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957 · Title: Assistant to the Mayor and City Council. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unxepresented. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Mr. Boogaard announced that as a result of deliberations that occurred in Closed Session the Council retained Armando Buelna for the position of Assistant to the Mayor and Council. ADJOURNMENT AT 9:40 P.M. to a Special City Council Meeting on Tuesday, January 17, 1995 at 5:15 p.m. in the City Council Chambers and, thence, to the Regular City Council Meeting on January 17, 1995 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Depu~ Clerk